Free for a Fee

The second full trial of a US peer-to-peer file swapper begins next week. Sublimeguy14@KaZaA (aka Joel Tenenbaum, a Boston College grad student) will make his way through the marble corridors of Boston’s federal courthouse next Monday to face a set of RIAA lawyers who are fresh from a .92 million victory in the Jammie Thomas-Rasset case and eager to go 2-0 in such prosecutions.

But Tenenbaum has a secret weapon—Harvard Law professor Charles Nesson, who will argue that the 816 songs in Tenenbaum’s KaZaA share folder back in 2004 were simply a “fair use” of the recording industry’s protected work. Unfortunately, Nesson has the tendency to write this sort of thing, which appeared in a new motion just filed with the court:

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